Washington ESD unemployment benefits after firing employee - employer questions

So if they get approved, does that automatically make my tax rate go up? I'm trying to understand the financial impact.

Not automatically for one claim, but multiple claims can affect your experience rating which determines your tax rate. Keep good documentation of the termination reasons.

What's the difference? I thought missing deadlines and not following procedures would count as misconduct.

Misconduct usually requires willful disregard of employer interests. Simple performance issues don't typically qualify. You'd need to show they deliberately violated policies after warnings.

Did you try calling Washington ESD to explain your side? I've been trying to reach them for days about a different issue and can't get through.

I used Claimyr.com actually - they helped me get through to an actual Washington ESD representative to discuss the case. Way better than trying to call myself. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

Yes, unless it rises to the level of misconduct. Washington state generally favors providing benefits to help people get back on their feet while job searching.

That's frustrating as an employer. Feels like there's no accountability.

I have email records of missed deadlines and a written warning from 2 months ago. Is that enough documentation?

That's a good start. Also include any company policies they violated and evidence of how their performance impacted the business.

So basically I should expect them to get approved? Should I even bother contesting it?

Still worth contesting if you have good documentation. Even if they get benefits, it creates a record for future reference and shows Washington ESD you're engaged in the process.

Like I mentioned earlier, try Claimyr - it's a service that helps you actually get through to Washington ESD agents. Saved me hours of calling.

Thanks, I'll check that out. Getting desperate here!

That's somewhat reassuring. I only have 8 employees total, so I was worried about the financial impact.

Yeah, with that size you might see some impact, but Washington ESD calculates rates based on your payroll too, not just claims.

Is it worth appealing if I'm not 100% sure I can prove misconduct?

Depends on your documentation and how strong your case is. Appeals take time and resources, so weigh that against the potential benefit charge impact.

So they could be getting paid while Washington ESD decides if they should be getting paid? That seems inefficient.

Yes, the system is designed to provide benefits quickly while sorting out eligibility issues. If they determine misconduct later, the employee has to pay back benefits.

Good point. I've been procrastinating on filling out their forms because I wasn't sure what to write.

Just be factual and stick to documented incidents. Don't editorialize or get emotional in your responses.

Wow, that's frustrating. Did you appeal their decision?

Yes, we appealed and eventually won, but it took 2 months and they had already collected benefits during that time.

The system is designed to provide a safety net for workers while they look for new employment. There has to be a balance between worker protection and employer rights.

I get that, but it feels like the balance is way off when people can get benefits after being fired for legitimate reasons.

Yeah, this is definitely a learning experience. I realize I should have been more thorough with progressive discipline.

Exactly. Clear policies, documented warnings, and consistent enforcement are your best protection against unwarranted unemployment claims.

No, you don't pay the employee directly. Washington ESD pays benefits from the unemployment insurance fund, which is funded by employer taxes. Your individual tax rate is then adjusted based on your claims history.

Thanks for clarifying! I was worried I'd get a bill for the full amount of their benefits.

That's great! What did they tell you about contesting claims?

They said to be very specific about policy violations and provide dates and documentation. General performance issues usually don't qualify as misconduct unless there's willful behavior.

So if someone just can't meet deadlines vs. someone who refuses to try to meet deadlines, that's the difference?

Exactly! You need to show they had the ability but chose not to comply with reasonable job requirements despite warnings and opportunities to improve.

Thanks, that's reassuring. I'm definitely going to implement better HR practices going forward.

Consider consulting with an employment attorney too, especially if you're planning to grow your business. They can help you set up proper policies and procedures.

Good to know. Hopefully it doesn't come to that, but it's nice to know I have options.

The hearing process is actually pretty straightforward and less intimidating than it sounds. Focus on facts and documentation if you end up there.

That makes sense from a policy perspective, even if it's frustrating as an employer. Thanks everyone for all the helpful advice!

You're welcome! This is all part of running a business. Just make sure to learn from it and improve your processes.